TARA CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner, who was convicted for the offence under section 302 I.P.C. and sentenced to life imprisonment by the learned Sessions Judge, Bharatpur by his judgment dated 31.8.1982 and who is undergoing sentence in Open Camp Jail, Sanganer, submitted an application before the Honble Supreme Court c r India alleging that since he has undergone sentence for a period of more than 16 years including the remission and the period of his detention, he has now become entitled to be released on permanent parole and prayed that the respondents be directed to consider his case for releasing him on permanent parole under the provisions of Rajasthan Prisons (Shortening of Sentences) Rules, 1958. His petition has been transmitted to this Court by the Apex Court.

(2.) The respondent in their counter have submitted that up to 31st March, 1994 the petitioner has undergone substantive sentence from 31.8.1982 for a period of 11 years and 7 months and the under trial period of his detention from 8.10.1981 to 31.8.1992 was 10 months and 23 days. Thus up to 31st March, 1994 he has served out the sentence for a period of 12 years, 5 months and 23 days only and that keeping in view the specific provisions of section 433A Cr. P.C. he has not undergone 14 years of substantive sentence and such he is not eligible for consideration for permanent parole under the Rules of 1958.

(3.) We have heard Shri M.K. Garg the learned Amicus Curiae and Dr. S.S. Bhandawat the learned Additional Advocate General at length.